STATE v. LIPPERT

90-05-1642-C; CA A65707.

829 P.2d 1020 (1992)

112 Or. App. 429

STATE of Oregon, Appellant, v. Donald W. LIPPERT, Respondent.

Court of Appeals of Oregon.

Decided April 22, 1992.


Attorney(s) appearing for the Case

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Eric R. Johansen, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender, Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


BUTTLER, Presiding Judge.

The state appeals from an order granting defendant's motion to suppress the contents of a paperfold removed from defendant's pocket after he had been taken into protective custody for detoxification. ORS 426.460.1 The paperfold was found to contain cocaine. The question is whether that evidence can be used in a criminal prosecution.

Officer Pfaff was dispatched to a fraternal club, where he encountered...

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